With the abolition of Section 21 from 1 May 2026 under the Renters' Rights Act 2025, Section 8 possession via the revised Schedule 2 grounds is now the only lawful route for a private landlord in England to recover possession from a tenant. This guide sets out every Ground, its notice period, whether it is mandatory or discretionary, and the conditions that must be met before the court can grant possession.
Not sure which ground applies to your situation? Use the free Section 8 Ground Picker � answer a few questions and get the correct ground, notice period, and evidence checklist instantly.
Mandatory vs discretionary grounds
- Mandatory grounds: If the ground is proved, the court must grant possession. Examples: Ground 8 (rent arrears), Ground 1A (sale), Ground 7A (ASB conviction)
- Discretionary grounds: Even if the ground is proved, the court decides whether it is reasonable to grant possession. Examples: Ground 10 (rent arrears under 2 months), Ground 12 (breach of tenancy term), Ground 13 (deterioration of property)
Ground 1 � Landlord requires property as own home
Mandatory from 1 May 2026. The landlord (or a close family member) requires the property as their only or principal home in the United Kingdom. Notice period: 2 months. Requires prior service of the RRA 2025 Information Sheet.
Ground 1A � Landlord intends to sell
Mandatory from 1 May 2026. The landlord intends to sell the property. Notice period: 2 months. A 6-month moratorium applies from the tenancy start date. The landlord must demonstrate genuine intention to sell � signed solicitor instructions or property marketing evidence helps evidence intention.
Ground 6A � Building safety remediation
Mandatory. The property is subject to a remediation order or remediation contribution order under the Building Safety Act 2022. Notice period: 4 weeks. Relevant for landlords in multi-storey residential buildings affected by cladding and fire safety remediation orders.
Ground 7 � Death of tenant
Discretionary. The tenancy was inherited by a person not in occupation immediately before the tenant's death. Notice period: 2 months. The claim must be brought within 12 months of the death.
Ground 7A � Anti-social behaviour conviction or prohibition order
Mandatory. The tenant or a person residing in or visiting the property has been convicted of a serious offence or made subject to a relevant court order. Notice period: 4 weeks.
Ground 7B � Right to Rent failure
Mandatory. The tenant no longer has a legal right to rent in the UK. Notice period: 4 weeks. The Home Office issues a notice to the landlord confirming the tenant has no right to rent.
Ground 8 � Mandatory rent arrears (2+ months)
Mandatory. The tenant owes at least two months' rent at the Section 8 notice date AND at the hearing date. Notice period: 4 weeks. If arrears drop below two months before the hearing, consider also pleading discretionary Ground 10 or 11.
Ground 8A � Persistent rent arrears
Mandatory (new from RRA 2025). The tenant has been in arrears for at least 3 months on 3 separate occasions in the preceding 3 years. Notice period: 4 weeks. Evidence: rent ledger showing at least three distinct arrears periods reaching the threshold.
Grounds 10�17 � Discretionary grounds
- Ground 10: Any rent arrears at notice and hearing date � 4 weeks' notice
- Ground 11: Persistent delay in paying rent (even if no current arrears) � 4 weeks' notice
- Ground 12: Breach of tenancy agreement � 4 weeks' notice
- Ground 13: Deterioration of the property � 4 weeks' notice
- Ground 14: Nuisance or annoyance to neighbours � notice valid immediately
- Ground 15: Deterioration of furniture (furnished lets) � 4 weeks' notice
- Ground 17: Tenant misrepresentation to obtain the tenancy � 4 weeks' notice
Once you've identified which grounds apply, use the Section 8 Ground Picker to confirm your ground selection and notice period before completing Form 3A.
Serving a valid Section 8 notice � Form 3A
- Use Form 3A (or equivalent prescribed form)
- Specify every Ground relied on � you may plead multiple grounds as alternatives
- Give the correct notice period for each ground
- Set out full particulars of the ground(s) � vague particulars are the most common reason for strike-out
- Serve the Information Sheet before the notice where Grounds 1 or 1A are relied on
- Keep proof of service: witness statement, recorded post, or email with read receipt
Sources
This guide is accurate as at 27 May 2026. It is provided for information purposes only and does not constitute legal advice.